Stuck Due To Joint House
MuddledUp1
Posts: 3 Newbie
Hi
My ex and I separated a few years ago and we have a couple of kids. I moved out and we agreed in court that she could remain in the joint home until the youngest reached 19 as part of occupational rent.
I would love to really make a clean break but with the house and mortgage in joint names we are stuck for the time being.
It is now looking like she will not hold up to her agreement negotiated in court (which is in writing through court), to sell the house shortly.
Really want to keep it all reasonable but now fearing the worst.
What options do i have to finally get a clean break?
Thank you
My ex and I separated a few years ago and we have a couple of kids. I moved out and we agreed in court that she could remain in the joint home until the youngest reached 19 as part of occupational rent.
I would love to really make a clean break but with the house and mortgage in joint names we are stuck for the time being.
It is now looking like she will not hold up to her agreement negotiated in court (which is in writing through court), to sell the house shortly.
Really want to keep it all reasonable but now fearing the worst.
What options do i have to finally get a clean break?
Thank you
0
Comments
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MuddledUp1 wrote: »Hi
My ex and I separated a few years ago and we have a couple of kids. I moved out and we agreed in court that she could remain in the joint home until the youngest reached 19 as part of occupational rent.
I would love to really make a clean break but with the house and mortgage in joint names we are stuck for the time being.
It is now looking like she will not hold up to her agreement negotiated in court (which is in writing through court), to sell the house shortly.
Really want to keep it all reasonable but now fearing the worst.
What options do i have to finally get a clean break?
Thank you
Is the youngest now 19?
I would look at legal action forcing her to sell. Give her the opportunity to sell via an estage agent and the money split 50/50, or you will force the sale via court where court fees will be deducted from her half of any equity.Should've = Should HAVE (not 'of')
Would've = Would HAVE (not 'of')
No, I am not perfect, but yes I do judge people on their use of basic English language. If you didn't know the above, then learn it! (If English is your second language, then you are forgiven!)0 -
what exactly does the order say?0
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Is your youngest now 19? What exactly does the order say?
If your ex doesn't keep to the terms of the order then you can normally apply to court to enforce it.
However, if the order says that the hosue will be sold once the youngest turns 19, and that has not yet happened, but you also had an understanding that she would aim to buy you out or remortgage the house to get your name off, at an earlier time, then you may not be able to force a sale at present.All posts are my personal opinion, not formal advice Always get proper, professional advice (particularly about anything legal!)0 -
Hi
Youngest is not quiet 19 yet but will be in the coming year. This was the last bullet in a list of events that would have triggered the sale and was on a 50/50 basis.
I've been told that there is a subtle difference in the court paperwork between an "Agreement" that we jointly reached and a "Court Order", but I don't understand the full implications of this.
The behaviour that I am now seeing has led me to think she has no intentions of honouring the agreement (so what use is the paperwork) ?
Is it possible that there won't ever be a clean break?
Many thanks0 -
MuddledUp1 wrote: »Hi
Youngest is not quiet 19 yet but will be in the coming year. This was the last bullet in a list of events that would have triggered the sale and was on a 50/50 basis.
I've been told that there is a subtle difference in the court paperwork between an "Agreement" that we jointly reached and a "Court Order", but I don't understand the full implications of this.
The behaviour that I am now seeing has led me to think she has no intentions of honouring the agreement (so what use is the paperwork) ?
Is it possible that there won't ever be a clean break?
Many thanks
A consent order is still an order.
If you reached an agreement outside of court that's different.
A court / judge makes orders, agreements.0 -
MuddledUp1 wrote: »Hi
Youngest is not quiet 19 yet but will be in the coming year. This was the last bullet in a list of events that would have triggered the sale and was on a 50/50 basis.
I've been told that there is a subtle difference in the court paperwork between an "Agreement" that we jointly reached and a "Court Order", but I don't understand the full implications of this.
The behaviour that I am now seeing has led me to think she has no intentions of honouring the agreement (so what use is the paperwork) ?
Is it possible that there won't ever be a clean break?
Many thanks
You're talking about separation agreements agreed between the parties versus orders made by the court. A separation agreement can be made into an order by the courts.
A court order is binding in its own right. A separation agreement is a contract which can be binding but can be challenged just as any contract can.
So, did you use solicitors? If so and you're unsure whether it was just a separation agreement or a consent order, contact them and ask.You keep using that word. I do not think it means what you think it means - Inigo Montoya, The Princess Bride0
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